Void Ab Initio Marriages

Void ab initio marriages
Article 4. The absence of any of the essential or formal requisites shall render the marriage
void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.
Article 35
1. Those contracted by any party below 18 years of age even with consent of the
parents or guardian;
2. Those solemnized by a person not legally authorized to perform marriages unless

the marriage were contracted by either or both parties believing in good faith that
the solemnizing officer had the legal authority to do so.
3. Those solemnized without a marriage license except those covered by the preceding
chapter.
a. Article 27 In case either or both of the contracting parties are at the point of
death (Articulo Mortis), the marriage may be solemnized without necessity
of a marriage license and shall remain valid, even if the ailing party
subsequently survives.
Note:
Article 31 A marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an airplane pilot
not only while the ship is at sea or the plane is in flight, but also during
stopovers at ports of call.
Article 32 A military commander of a unit, who is a commissioned officer,

shall likewise have authority to solemnize marriages in articulo mortis
between persons within the zone of military operation, whether members of
the armed forces or civilians
b. Article 28 If the residence of either party is so located that there is no

means of transportation to enable such party to personally appear before
the local civil registrar, the marriage may be solemnized without necessity of
a marriage license.
Note: Article 29. In the cases provided for in the preceding articles, the
solemnizing officer shall state in an affidavit before the local civil registrar or
any person legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either of the party is so
located that there be no means of transportation to enable such party to
personally appear before the local civil registrar and that the officer took the
necessary steps to ascertain the ages and relationship of the contracting
parties and the absence of any legal impediment to the marriage.
c. Article 33 Marriages among Muslims or among members of the ethnic

cultural communities may be performed validly without the necessity of
marriage license, provided they are solemnized in accordance with their
customs, rites or practices.
d. Article 34 No license shall be necessary for the marriage of a man and a

woman who have lived together as husband and wife for at least five years
and without any legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The solemnizing officer shall also
state under oath that he ascertained the qualifications of the contracting
parties and are found no legal impediment to the marriage.
4. Those bigamous or polygamous marriages not falling under Article 41
Article 41 A marriage contracted by any person during subsistence of a previous

marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the
spouse present has a well-founded belief that the absent spouse was already dead.
In case of disappearance where there is danger of death under the circumstances set
forth in the provisions of Article 391 of the Civil Code, an absence of only two years
shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as provided in
this Code for the declaration of presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.
5. Those contracted through mistake of one party as to the identity of the other;
6. Those subsequent marriages that are void under Article 53.
Article 53 Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article (compliance to the requirement
of annulment or nullity of the marriage); otherwise, the subsequent marriage shall be
null and void.
7. Because of Psychological Incapacity
Article 36. A marriage contracted by any party who, at the time of the celebration,
was psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after
its solemnization. (As amended by Executive Order 227), prescriptive period to file
the action for marriage nullity is 10 years after the celebration. No prescription for
other instances.
RP vs CA (Reynaldo vs. Roridel Molina)

The root cause of the psychological incapacity must be
(a) medically or clinically identified,
(b) alleged in the complaint,
(c) sufficiently proven by experts and
(d) clearly explained in the decision.
(e) Such incapacity must also be shown to be medically or clinically permanent
or incurable. Such incurability may be absolute or even relative only in regard to the
other spouse, not necessarily absolutely against every one of the same sex.
(f) Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage. Thus, "mild characteriological
peculiarities, mood changes, occasional emotional outbursts" cannot be accepted
as root causes. The illness must be shown as downright incapacity or inability,
nor a refusal, neglect or difficulty, much less ill will.
Article 36 of the Family Code requires that the incapacity must be psychological —
not physical. although its manifestations and/or symptoms may be physical. The
evidence must convince the court that the parties, or one of them, was mentally or
physically ill to such an extent that the person could not have known the obligations
he was assuming, or knowing them, could not have given valid assumption thereof.
Although no example of such incapacity need be given here so as not to limit the
application of the provision under the principle of ejusdem generis, nevertheless
such root cause must be identified as a psychological illness and its incapacitating
nature explained. Expert evidence may be given qualified psychiatrist and clinical
psychologists.
8. Because of Incestuous Relationship
Article 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or illegitimate:
1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
9. Because of Public Policy
Article 38. The following marriages shall be void from the beginning for reasons of
public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that
other person's spouse, or his or her own spouse.
Summary
1. Under 18 years of age

2. S.O. not legally authorized except in good faith
3. Without marriage license except Preceding chapter
4. bigamous or polygamous marriages not falling under Article 41
5. Mistaken identity
6. subsequent marriage that are void under article 53
7. Because of P>I>
8. Because of I>R>
9. Because of P>P>
Article 1 marriage is a special contract of permanent union between a man and a

woman entered into in accordance with the law for the establishment of conjugal
anf family life. It is the foundation of a family and an inviolable social institution
whose nature, consequences and incidents are governed by law and not subject to
stipulation, unless a marriage settlement may be fix during the marriage within the
limits provided by law.
Article 2 No marriage shall be valid, unless the following requisites are present:
1. Legal capacity of the contracting parties which must be a male and a female;
a. Both are 18 years old or above
b. Both are legally not prohibited to marry
2. Consent freely given in the presence of the solemnizing officer
Article 3 The formal requisites of marriage are the following:

1. A valid marriage license
2. Authority of the solemnizing officer
3. a marriage ceremony which takes place by personal appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of at least two witnesses of legal age.
Article 4 Absence of any of the essential or formal requisites of marriage shall

render the marriage void ab initio, except as provided in Article 35, paragraph 2.
A defect in any of the essential requisites will not affect the validity of the marriage
but the party or parties responsible for the irregularity shall be civilly, criminally
and administratively liable.
VOIDABLE MARRIAGE
Article 45. A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as husband and wife; (Lack of parental
Consent, Age Requirement)
(2) That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife; (unsound Mind)
(3) That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife; (Fraud)
(4) That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife; (vitiated consent)
(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or (Impotence)
(6) That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable. (STD)

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Void ab initio marriages

2. Those solemnized by a person not legally authorized to perform marriages unless

Article 32 A military commander of a unit, who is a commissioned officer,

b. Article 28 If the residence of either party is so located that there is no

c. Article 33 Marriages among Muslims or among members of the ethnic

d. Article 34 No license shall be necessary for the marriage of a man and a

4. Those bigamous or polygamous marriages not falling under Article 41

Article 41 A marriage contracted by any person during subsistence of a previous

6. Those subsequent marriages that are void under Article 53.

7. Because of Psychological Incapacity

RP vs CA (Reynaldo vs. Roridel Molina)

8. Because of Incestuous Relationship

1) Between ascendants and descendants of any degree; and

9. Because of Public Policy

1. Under 18 years of age

Article 1 marriage is a special contract of permanent union between a man and a

Article 3 The formal requisites of marriage are the following:

Article 4 Absence of any of the essential or formal requisites of marriage shall

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